i...i mean, you...love. we think. but the investigation has only just begun. and it could get ugly still. welcome to a special edition of "america live" on a saturday, everyone. i'm megyn kelly. there are still so many questions to be answered. right now, the surviving suspect in the deadly attack in the boston marathon is being held at a boston hospital. the justice department hoping to file charges against him later today. the dramatic 102-hour manhunt for dzhokhar tsarnaev ended in a backyard last night. for the first time, look at this. we're getting a look at a surveillance image showing the very moment when he climbed into that family's boat in their backyard. surveillance cameras everywhere now, right? look at this.

we believe that he hid out there for hours. after yesterday's early-morning police shootout, about 1:00 a.m. overnight, thursday into friday, that shot, and killed his brother, it was only after this homeowner noticed that something was wrong in his backyard, that police got the break they needed. keep in mind, he was hiding out in an area that was just beyond the perimeter the boston pd had set up. for roughly two and a half hours last night, cops had him surrounded. gunfire and explosions broke out. cops very cautious, fearing me might have yet another bomb. at least seven had said to be recovered. they were hoping to take him alive as we talked about yesterday. so they could get some much-needed answers among other reasons. and then at approximately 8:45 p.m., look at this shot. look at this. here he is, on the ground, being apprehended, taken into custody. visibly injured, but alive. what an accomplishment after such a week. here he is in the ambulance

being taken away. applause broke out from the crowds there. folks chanting usa and praising the good work of the boston pd and other law enforcement service personnel and first responders who were on the scene, literally risking their lives. this guy and his brother were said to have been throwing grenades at them less than 24 hours earlier, not to mention bombs set off in boston by these guys, according to authorities earlier in the week. and including shots that were fired moments before he was taken. so this man remained armed and dangerous to the very end. again, he is said to be in the hospital today. the fbi said, and law enforcement said he was in serious condition. but dr. cebull was on earlier saying he spoke to the hospital, and they said that is the term now. we are told that he's protected by armed guards. we believe he's been unable to answer questions so far. our chief intelligence correspondent, katherine herage

is working this story. what a week. i know it's not about you, katherine, but you worked hard on this story all week and we appreciate you being here on a saturday as well. what's the latest? >> we have as a team, megyn. thank you. they investigated the older brother for extremist ties. fox news was told a thorough background check was done and no derogatory information was found. but the house intelligence committee tells fox today that the fbi's contacts with the suspects and the possibility something was missed is creating discomfort at the bureau. >> there are a lot of pal pa ta -- palpitations going on with the fbi, what if anything did they miss. that's going to be heavily scrutinized. >> fox news understands all electronic traffic associated with the brothers is now being scoured, including the youtube sites attributed to the suspects which include radical islamist video and propaganda, some from imam fez, who is described as

his australian's answer to anwar awahi. they will look for links for his lectures as well as the al qaeda propaganda, which provides instructions for providing -- building, rather, homemade explosives. all travel records are being reviewed and the older brother was out of the country for a prolonged period to russia. the fbi wants to understand if one or both brothers had military training overseas or was directed by a foreign terrorist group. >> we don't know yet what was involved in that trip, whether he was radicalized during that trip. it may be the case simply that he was radicalized more when he got home. >> just to emphasize the latest information we have is that investigators have reached no determination on whether there were any foreign terrorist ties,

or involvement or direction in this, megyn. >> a lot still to learn. katherine, thank you. >> you're welcome. >> we're also getting new images of the brothers at the boston marathon taken by a spectator just before the bombs exploded. look at these. just -- there's something so chilling about seeing them moments before they killed people, and maimed so many who were just there to root on their loved ones. looking like normal guys, blending in with the crowd. you can see them milling about. clearly they were together. and we understand the man who took these photos has been going to the marathon for years. he liked that particular spot because it was less crowded. once the fbi released the images on thursday, he went back and found a treasure trove of images on his own camera. he uploaded them to the fbi, and they later released one of the clearer pictures to the media. good for him. we continue to learn more about the suspects' actions following the terror attack.

just two days after the bombing, 19-year-old jahar -- we're calling him jahar, they said that was his americanized name -- tsarnaev was resuming his college life. he went to the gym and even partied with friends on wednesday night. one student telling the "boston globe" he looked relaxed. we've also learned details from his twitter account. we believe it belonged to him. two of his friends say it did. showing that right before the bombing, on april 15th, a tweet was sent out reading, quote, ain't no love in the heart of the city. stay safe, people. and after the bombing, another tweet reading, quote, i'm a stress-free kind of guy. well, you'd have to be to kill at least three people, plus a cop, and maim dozens of others, and injure 160-plus. most of the tweets were from the account of -- they were pretty normal, talking about things

like tv shows and cars, yet, you know, all along we understood, he understood what he was about to do. we are also learning about the older brother's wife. yes, he was married, according to the authorities. and young child. he has a little daughter. we told you about her yesterday. we weren't sure about the wife. now we are told they are living with that wife's family in rhode island. tamerlan tsarnaev was married to an american. the pair had a 3-year-old daughter. she grew up in a middle class family in rhode island. these are exteriors of her home. fbi presence there yesterday. neighbors say she and her daughter have moved back in with her family and that they hadn't seen tamerlan for some time. neighbors say katherine converted to islam for her husband. some reported seeing her walking around the neighborhood with a burka. it was unclear when the two were married. she attended suffolk university from 2007 to 2010. the school confirms that she never graduated, and the family

released a statement to the effect of, these actions this week in this news confirms we never really knew him. meantime, we're hearing more stories about the dramatic end to the manhunt for suspect number two, as he was called, the younger brother. we've seen surveillance pictures showing the terror suspect jahar in the family's boat. look at that. we now know the owners immediately called police, when they suspected something -- somebody was in there. when the police arrived, the final shootout. gunfire burning the boat tarp, and agents taking him alive. the stepson of the boat owner describes what it felt like when he learned how close a suspected terrorist came to his own family. listen here, last night. >> literally, my mother and my stepfather's home, there with the boat, that this suspect was found in. immediate horror just swept through me. i broke down crying. he saw what he believed at the

time to be a crumpled body in the front of the body. immediately panicked. he dropped off the ladder, called 911. >> wow. speaking of great events last night. nearby neighbors also sharing their stories of their dramatic capture. marina lives about a block away from where this went down and she joins me now by phone. marina, what was the first sign you had last night that there was action in your neighborhood? >> i was home with my son, after my husband and daughter left the house. and all at once we see people, we see the police coming right away to the street. we didn't know what was happening. and all of a sudden, i hear gunshots. and i -- like two minutes later, i was so panicky, because my daughter and my husband, they were not home. i didn't know what's going on. all at once they come and evacuate us from the houses.

nearby, they knocked on the door and they evacuated us. like three, four hours later, we hear that he was captured. and we were relieved, all of us in the neighborhood. >> where did they tell you to go? how many police showed up at your door? what did they tell you? >> there was like 100 police in front of the house. and they were like still in my backyard, because my house is two houses down from the street, in the back. my house looks on the back of the -- of that house. so there was like -- i don't know. it was just so fast. everything was very, very fast. >> where did they take you? >> they took us for the other side of the street. and my husband was on another street, so i went to lincoln street. it's like one street down from my house. >> so the s.w.a.t. team winds up using your backyard, your back porch i understand? >> i think so. my neighbor downstairs, they said they were downstairs from

the beginning. as soon as they came, they went to the back porch. i didn't know what's going on. >> what does it feel like to know -- i thought this when i saw the surveillance tape on thursday night, of that woman with the yellow balloons, who was walking in front of these two suspects at the boston marathon, i thought to myself, what is it like to be that woman and look at this tape and know how close you were to the suspected terrorists and you find yourself in a somewhat position. what is that like? >> that was very, very hard. especially my daughter and my husband, they were outside. and i didn't know where they were, when the gunshots started. it was like all -- i mean, it's like -- i don't know. i can't describe my fear. it was very, very scary moment for me, because my son was with me, and the rest of my family, they were not here. it was hard. >> we're very glad that you're okay. i'm sure you're very relieved. >> thank god that they catch

him, and hopefully this is the end of it. >> absolutely. we certainly hope so. marina, thank you. all the best to you and your family. >> thank you. >> incredible. can you imagine? police have yet, we are told, to read miranda rights to the boston bombing suspect. but once they do, if they do, it changes a whole lot. and we have breaking news on this. moments ago, guess who wants to represent the defendant? we'll tell you next. plus, the now dead suspect has recently -- had recently promoted the rantings of a radical cleric who calls on children to defend islam, and to be taught there is nothing better than wanting to die as a martyr. we'll ask who the shaikh is and find out what was posted on the older brother's youtube channel which are chilling. and do you know your... blood type?

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fox news alert. we just got word from reuters news service that the federal public defenders office in boston is seeking to represent the marathon bombing suspect, just arrested last night. that has just hit the wires. and it comes as top republicans, look at this photo, a little tough to make out, but had is the suspect as he was apprehended last night, it comes as top republicans urged president obama to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the

aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evidence that this plot was more extensive. if it is more extensive, and we have no evidence of any of this, the government's going to find that out quickly. then they can make the decision to declare him an enemy combatant that way. i think it gives him time. look, this is not a crime. this is an act of terror, an act of war against the united states. the fact that they're a u.s. citizen, the supreme court just said even if you're a u.s. citizen, you could be held as an

enemy combatant. i think based on what we're hearing, that decision will ultimately be made by the attorney general. but i think this is the clearly the case based on what we know for enemy combatant status. that would give us more time to investigate. do we want a prosecution or an investigation. and the answer is, we need an investigation. >> julian, the public safety exception to miranda allows them to talk to him without giving him his miranda rights, for some period of time, until they sort of satisfy themselves there's no more immediate threat. and then they can mirandize him. they've done this in the past. they did it with the underwear bomber, the times square bomber. your thoughts on going that route? and i think the aclu would like that to be extraordinarily limited. >> yeah, a lot of critics on the left don't like that as well. the fbi has a very broad policy, a directive from the president himself, to use the public safety exception very broadly. it has been the policy of the

united states since 9/11, including the bush administration, and the obama administration, for terror suspects apprehended within the united states to be treated in the federal system. there are two brief exceptions to that under the bush administration, even though two exceptions were treated in the civilian system. >> let me jump in. because senator graham was saying on fox just last night, or today, i'm fine with him getting tried in federal court. this is just about the initial designation. >> right. it's very difficult to actually designate somebody under the laws of war as an enemy combatant and not give them the rights and then try to drop them into the civilian system. you set yourself up when you do that. >> no -- >> let m point, jay. you set yourself up for all kinds of extensive challenges. there isn't a problem here. what you have i think is an enormous amount of public support right now for the job that law enforcement has done. and for senators who are not immediately involved in this thing, and many whom aren't even lawyers or been inside a court of law for many years, it

appears to be a little grandstanding and they don't really have the information that law enforcement has. the civilian system works extremely well. you have the public safety exception to the miranda rule, so they can get information about other attacks. and the benefit of going through the civilian system is it would not be subject to later challenges, later appeals, later review by the circuit court and supreme court, as would the other alternatives that senator graham and senator mccain are talking about, which frankly, they haven't thought out that well. >> go ahead, jay. >> megyn, can i address the miranda issue? there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the

person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others would be looking to create a political issue in a way that looks to be, maybe they may not be intending this, looks to be grandstanding. >> what they say, julian, i heard senator graham earlier, they said the public safety issue is limited in time. maybe you only have 48 hours after he -- he said they need 30

days. they need a long time to come up with their questioning. clearly we have more to discuss. that's important. we'll hold you over and pick it up on the other side. >> all right. [ female announcer ] a classic meatloaf recipe from stouffer's starts with ground beef, onions and peppers baked in a ketchup glaze with savory gravy and mashed russet potatoes. what makes stouffer's meatloaf best of all? that moment you enjoy it at home. stouffer's. made with care, for you or your family. it only matters that it shows up and makes things better. in that spirit, verizon is proud to announce the powerful answers award. 10 million dollars in prizes for the best ideas.

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fox alert. we want to update you on the breaking news. we just got reports that the federal public defender's office in boston, they want to represent the bombing suspect who was arrested last night. jay and julian are here with me. senator graham came out and said, look, the reason we like the enemy combatant route, which would still put this guy back in the federal court system ultimately is, that time questioning has no time limit or limit in scope.

they say that questioning could take weeks just to prepare the questions that are needed, and months before the intel gathering is completed. he said ultimately that the suspect would be entitled to a habeas hearing with appointment of capture, takes place within usually 30 days of capture, and that is the fairest way to go. i'll give it to you on that, jay. >> i think he's right. i don't think it's grandstanding. i disagree with my friend julian on that. senator graham is also a lieutenant colonel, judge advocate general in the air force. critical at times of the bush administration on the policies on detainment. i think by declaring him enemy combatant, we give ourselves time. it doesn't mean it's not prosecuted through the criminal courts ultimately, but it gives us time. is it a prosecution so that we the american people would say, yes, this defendant is guilty? or is it an investigation, who financed him, who trained them, are there others? they had an awful lot of

weapons. the callousness in which this was executed shows training. so i ask the question to julian, do we want a prosecution here or a thorough investigation that will take more than 48 hours? >> go ahead, julian. >> i think that's a very good question. the problem is, is that i don't know how many benefits you get out of going the enemy combatant route. i think you have a lot of drawbacks. if you go the enemy combatant route, you may be able to get a little bit more information, you may not be. what we've seen was the prosecutor of these cases in the christmas underwear bomber, that individual sung like a bird about a month afterwards and gave the law enforcement all the information they were looking for. the problem with going the enemy combatant route, on the other hand, in terms of the prosecution, it sets up all kinds of legal challenges, both to the circuit court and supreme court level afterwards, if you begin to do things like denying, unfortunately this individual was a u.s. citizen, denying a

u.s. citizen the right against counsel. it gives the justice department an extraordinary amount of latitude to get all this information, from the public safety exception. there is no time limit necessarily. >> can i just say, i want to say one thing, so we're clear. american citizens, this is from graham's release, and it's true, u.s. citizens who take up arms against our nation can be held as an enemy combatant. >> absolutely. >> let's answer the question. >> like the john walker lindh case. >> i know julian is looking at this seriously, too, but we've got somebody who is of chechnyan origin, came to the united states, utilized our system, including our university system, took a bomb and put it next to an 8-year-old kid, knew he was doing it and exploding that bomb, killing that kid. i don't look at this as just a murder. this is the ultimate act of

terror. people are saying it's not the same as 9/11? sure it is. you just didn't have the magnitude of the death scope. but for the families that were killed, it has the same scope. what do we do if we had osama bin laden in the united states and he had been giving citizenship. i don't think we would be running him through the u.s. district court in boston. >> julian has a point, the obama administration policy has been well stated. >> and the bush administration policy. >> we expect miranda, we expect it to take place only after they've had a chance to question him about immediate -- how broadly they describe that we'll see. jay, julian, good to see you. thank you. >> thanks. we're getting new insight into the personal life of one of the suspects who apparently had a wife and young daughter. see what the in-laws are now saying about tamerlan tsarnaev coming up. one of the brothers was inspired by a radical muslim cleric whoa